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Prayagraj, June 04 (HS). While hearing a case related to paternity dispute, Allahabad High Court said that hot and cold cannot be allowed at the same time. The court told the father to either pay maintenance allowance to the children or get a DNA test done. Not paying the allowance and expressing doubt and refusing to get a DNA test done cannot work together.
The court also said that refusing to pay alimony due to paternity dispute is a violation of the fundamental right to life of children. This order has been given by a single bench of Justice Prashant Kumar on the petition of petitioner Sachin Agarwal.
It is known that the wife, a resident of Vrindavan, Mathura, had filed a case in the family court for maintenance allowance for herself and her children. The opposing father filed an application saying that the children are not his. He is not responsible to pay maintenance allowance. In such a situation, the wife demanded a DNA test so that the truth could come out. On this, the family court ordered a DNA test. Which has been challenged in the High Court by filing a petition.
It was also argued on behalf of the petitioner that the opposite woman is not his legal wife and she cannot be forced to undergo DNA test without her consent. The order of DNA test is illegal and a violation of the fundamental rights of the petitioner. Whereas the advocate of the opposite woman said that the petitioner is the biological father of the children and he is refusing to accept them as his children just to avoid paying alimony.
The court said that it is the duty of the court to find out the truth and do justice using the most accurate and reliable methods. The right to get maintenance is not only a legal provision, but it is included in human rights. Therefore, refusing to give maintenance allowance to children due to doubtful paternity dispute would be a violation of their human right to life.